Patna High Court
Devendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner with conditions.
Summary
The petitioner, Devendra Kumar, was arrested in connection with an NDNDPS case involving the alleged seizure of 35 kg of ganja-like substances, two mobile phones, SIM cards, and Rs. 39,62,600 from his father's house. He claimed innocence, arguing that the contraband was not produced as evidence in a related case where his brother was acquitted, and that he has no prior criminal record. The prosecution opposed bail, citing the seriousness of the offence under Sections 20 and 22 of the NDPS Act. The court, after considering the lack of antecedents, the brother's acquittal, and the petitioner's cooperation, granted bail on a cash bond of Rs. 10,000 with two sureties, subject to several conditions including regular court appearances and non‑tampering with evidence. The order also required the bailer to be a close relative and to inform the court of any future similar accusations.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act for alleged offences under Sections 20 and 22.
- Whether the petitioner’s claim of innocence and the brother’s acquittal affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
Subjects
- bail
- NDPS Act
- drug seizure
- criminal procedure
- court order
- innocence claim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3836 of 2026
Arising Out of PS. Case No.-96 Year-2021 Thana- BITHAN District- Samastipur
======================================================
Devendra Kumar, S/o Ganga Prasad @ Ganga Prasad Mahto, R/o- Gaja Baja,
Bithan Bazar Tola, Sudamanpur, P.S.- Bithan, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ms. Eashita Raj, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 09 of 2023 arising out of Bithan P.S. Case No. 96 of
2021 dated 04.07.2021 instituted for the offence punishable
under Sections 20 & 22 of the Narcotic Drugs and Psychotropic
Substances Act.
3. As per the prosecution case, 35 kg. Ganja like
substances, two mobile phones along with SIM cards and Rs.
39,62,600/- in cash were recovered from the joint house of the
petitioner and one Arvind Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
Patna High Court CR. MISC. No.3836 of 2026(3) dt.24-02-2026
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alleged recovery of 35 kg. Ganja like substances and Rs.
39,62,600/- has been made from the house of the father of the
petitioner, however the petitioner and his full brother have also
been made accused in this case. Learned counsel for the
petitioner further submits that on the application filed for
releasing the said amount, the same has been released in favour
of the father of the petitioner. The brother of the petitioner,
namely, Arvind Kumar was put in trial in a separate case bearing
N.D.P.S. Case No. 8 of 2023 in which he has been acquitted. In
that case, the learned trial court has observed that the seized
contraband Ganja, from which sample was drawn, was not
produced as material exhibit during the trial and on that ground,
the brother of the petitioner has been acquitted. Lastly, it has
been submitted that the petitioner is in custody since 08.12.2025
having no criminal antecedents. Charge-sheet has been
submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.3836 of 2026(3) dt.24-02-2026
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each to the satisfaction of the learned Principal District &
Sessions Judge, Samastipur in connection with NDPS Case No.
09 of 2023 arising out of Bihtan P.S. Case No. 96 of 2021,
subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.3836 of 2026(3) dt.24-02-2026
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5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and
thereafter shall appear in the first week of every
month to mark his attendance till conclusion of
trial.
(Khatim Reza, J)
premchand/-
U T
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